Filed: 5/10/2024 3:17 PM

Clerk
Clark Circuit Court 1 Clark County, Indiana

STATE OF INDIANA IN THE CLARK CIRCUIT COURT

SS:
COUNTY OF CLARK CAUSE NO.

STATE OF INDIANA ex rel. TODD 10C01-2405-PL-000037

ROKITA ATTORNEY GENERAL
OF INDIANA,

Plaintiff,
v.

JAMEY NOEL, KENNETH

HUGHBANKS, and AUTO-
OWNERS INSURANCE
COMPANY,

Defendants.

PLAINTIFF’S VERIFIED MOTION FOR TEMPORARY RESTRAINING

ORDER AND PRELIMINARY INJUNCTION AS TO JAMEY NOEL

Plaintiff, State of Indiana ex rel. Todd Rokita, Attorney General of Indiana,

by counsel, respectfully moves this Court, pursuant to Rule 65 of the Indiana Rules

of Trial Procedure, Ind. Code § 34-25-2-1, and Ind. Code § 34-26-1-6, to issue a

Temporary Restraining Order and subsequently to issue a Preliminary Injunction

against Defendant Jamey Noel (“Jamey”) and his agents, representatives,

successors, and assigns to first temporarily restrain and then preliminary enjoin

him from dissipating, distributing, transferring, encumbering, assigning, paying

over, or otherwise disposing in any manner or by any means the assets described

herein. In support of this Motion Plaintiff states as follows:

1. Pursuant to a referral from the Indiana State Police (“ISP”) and pursuant to

its examination authority under Indiana Code § 5-11-1-9, the State Board of

Accounts (“SBOA”) performed an examination of the books, accounts, and

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 records of the Clark County Sheriff’s Department Jail Commissary Fund, for

the period of January 1, 2015, to December 31, 2022 (“Audit Period”).

2. The results of the examination are set forth in SBOA Special Investigation

Report 84477I (“Audit Report”), dated February 15, 2024.

3. The Audit Report was placed by the State Examiner with the Attorney

General pursuant to Ind. Code § 5-11-5-1(a).

4. The Audit Report disclosed malfeasance, misfeasance, and/or nonfeasance on

the part of Jamey Noel, who was a public official, public employee and/or

other proper person, pursuant to Ind. Code § 5-11-5-1(a), and SBOA charged

him accordingly.

5. The Audit Report uncovered misappropriation of state funds through

misfeasance, malfeasance, and/or nonfeasance, ranging from unsupported or

questionable commissary fund expenditures to the use of Jail Commissary

fund to purchase property kept by Jamey Noel on his personal property, as

well as the use of state employees for work on Jamey Noel’s personal

property. See generally, Audit Report 84477I, attached as Exhibit A.

6. Jamey Noel was also the subject of a criminal investigation in connection

with the events examined in the Audit Report, and currently faces criminal

charges in the Clark Circuit Court 1 under Cause No. 10C01-2311-F5-

000297, including a charge of Corrupt Business Influence, ten charges of

Theft, one charge of Obstruction of Justice, four charges of Ghost

Employment, four charges of Official Misconduct, and five counts of Tax

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 Evasion. In total, he faces 25 felony charges. Charges were filed in November

of 2023. See Exhibit B.

7. Once an examination by SBOA “discloses malfeasance, misfeasance, or

nonfeasance in office of any officer or employee” and places it with the

attorney general, as it did in this case, the attorney general is required by

statute to “prosecute civil proceedings against the persons or entities charged

in such report, or upon the officer's or employee's official bond, or both, and

against any other proper person that will secure to the State the recovery of

any funds misappropriated, diverted, or unaccounted for.” See Ind. Code § 5-

11-5-1(a)(2).

8. Contemporaneously with the filing of this Motion, Plaintiff filed its

Complaint to Recover Public Funds (“Complaint”) against Jamey Noel and

others.1

9. The Complaint seeks to recover public funds that were misappropriated,

diverted, or unaccounted for through malfeasance, misfeasance, and/or

nonfeasance as charged by SBOA in the Audit Report in accordance with Ind.

Code §§ 5-11-5-1, 5-11-5-4, 5-11-7-1, and 34-24-3-1 and.

10. The Affidavit of ISP Lieutenant Jeffrey C. Hearon in Support of Plaintiff’s

Verified Motion for Temporary Restraining Order and Preliminary Injunction

is attached hereto as Exhibit C and is fully incorporated by reference herein.

1The Plaintiff simultaneously filed a Complaint to Recover Public Funds against Jamey Noel (and
other charged individuals) in connection with SBOA Special Investigation Report 84474I. against
Jamey Noel, Misty Noel, and Kasey Noel in that matter.

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11. As laid out in Exhibit C, Plaintiff has reason to believe that Jamey Noel,

individually and/or by and through his family members, representatives,

and/or associates, is seeking to liquidate assets not yet seized or attached,

including property in his name.

12. Jamey Noel and his wife, Misty Noel (“Misty”), sold the property they both

owned located at 722 E. Court Avenue, Jeffersonville, IN 47130 on or about

March 7, 2024, to Highlander Property Management, LLC. See Exhibit D

(sales disclosure form). Another property owned by Jamey Noel and his wife

is currently listed for sale. See Exhibit C at ¶ 8-9, Exhibit E.

13. The 722 E. Court Avenue home was not on the public market for any period

of time, see Exhibit C at 9, and was sold only after the above-referenced

criminal charges were filed, and after the publication of the Audit Report,

which charges Jamey Noel with over $900,000 in misappropriated funds. See

Exhibit A at 32.

14. Many titles for Jamey and/or Misty’s vehicles were seized by ISP on or about

August 16, 2023 in connection with the correlated criminal matter. ISP also

seized vehicles. On or about April 16, 2024, duplicate titles were requested

for at least five (5) vehicles which Jamey and/or Misty owned. In fact, to date

a minimum of seventeen (17) duplicate titles have been applied for on behalf

of Jamey Noel from information from the BMV. See Exhibit C at ¶ 12-14.

15. Misty Noel has taken steps to try to sell at least twenty-one (21) vehicles for

sale which she either co-owns with Jamey Noel., or on behalf of Jamey. Some

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 of those vehicles include the vehicles for which Misty recently requested

duplicate titles. See Exhibit C at ¶ 12-15.

16. Jamey and Misty Noel also own a property in Florida, which is currently

listed for sale, at the specific address of 516 Eagle Creek Drive; Naples, FL

34113. This property was listed after Jamey Noel was criminally charged.

See Exhibit C at ¶ 10.

17. Plaintiff maintains it is entitled to a judgment against Jamey Noel in the

amount as charged by SBOA and detailed in the Audit Report, in the

amounts and to the extent described in the Complaint in this matter.

18. The SBOA Audit Report shall be admitted as evidence pursuant to Indiana

Code § 5-11-6-1(h), which provides, “[a]ny report described in this section or a

copy duly certified by the state examiner shall be taken and received in any

and all court of this state as prima facie evidence of the facts stated ad

contained in the reports.”

19. The sale of the 722 E. Court Avenue property and the attempt to sell 516

Eagle Creek Drive in Florida, as well as the requests for duplicate titles and

active steps to sell certain vehicles, all indicate that Jamey Noel, is

attempting to dissipate and/or liquidate assets still available to him.

20. Plaintiff now seeks a temporary restraining order and preliminary injunction

against Jamey Noel to temporarily restrain and preliminarily enjoin him

from dissipating, distributing, transferring, encumbering, assigning, paying

over, or otherwise disposing of any property, including but not limited to:

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a. Real property located at 709 Old Salem Road, Jeffersonville, IN 47130,

assigned parcel number 10-41-01-274.000-037, and any non-exempt

personal property located therein;

b. Real property located at 3001 Old Tay Bridge, Jeffersonville, IN 47130,

and any non-exempt personal property located therein;

c. Real property located at 2408 Turnberry Drive Units A &B,

Jeffersonville, IN 47130, and any non-exempt personal property

located therein;

d. Real property located at 516 Eagle Creek Dr, Naples, FL 34113, and

any non-exempt personal property located therein;

e. Proceeds from the sale of real property located at 722 East Court

Avenue, Jeffersonville, IN 47130;

f. Any and all non-exempt personal property moved from any of the

above locations to another location for storage;

g. Any and all automobiles owned by Jamey, alone or with others;

h. Any and all firearms owned by Jamey, alone or with others;

i. Any and all stores of cash, stocks, or bonds owned by Jamey, alone or

with others;

j. Any and all aircraft or watercraft owned by Jamey, alone or with

others;

k. Any and all heavy equipment, machinery, or tools owned by Jamey,

alone or with others;

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 l. Any and all clothing items, including jewelry, owned by Jamey, alone

or with others;

m. Any and all works of art owned by Jamey, alone or with others;

n. Any and all other non-exempt real, personal, and intangible property,

including but not limited to any and all bank and investment accounts

held/owned by Jamey, alone or with others.

21. A temporary restraining order and preliminary injunction are necessary in

this matter to protect the State’s interests until Plaintiff can pursue recovery

of the misappropriated, diverted, and/or misapplied public funds at issue in

this matter.

22. If Jamey Noel is not restrained and then enjoined from dissipating, selling,

distributing, liquidating, transferring, encumbering, assigning, paying over,

or otherwise disposing of property, the State will be immediately and

irreparably harmed by the loss of misappropriated, diverted, and/or

misapplied funds.

REQUEST FOR TEMPORARY RESTRAINING ORDER AS TO JAMEY

NOEL

A temporary restraining order is necessary to preserve the status quo until the

issues raised by the Plaintiff’s Verified Motion for Preliminary Injunction can be

heard and considered by this Court.

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1. There is a substantial likelihood that the Plaintiff will prevail on its

Complaint in this action, and the Plaintiff does not have an adequate

remedy at law to protect the interests of the State in the matters raised in

this Motion.

2. Pursuant to T.R. 65(B)(1), the Plaintiff verified this Motion, stating and

showing through evidence that the State will suffer immediate and

irreparable harm without a Temporary Restraining Order.

3. Plaintiff has not, prior to this filing, provided or attempted to provide

notice of this filing to Defendant(s). Plaintiff believes this to be necessary

based on the attempts and active steps being taken to liquidate or

dissipate assets and fears any notice would provide time for further

attempts which this Motion is trying to avoid. Plaintiff believes notice in

these circumstances is not required as several of the Defendants and/or

their agents and/or their family member(s) are actively attempting to

dissipate assets (see Exhibit E), and additional notice of Plaintiff’s

intention to file this Motion could cause Defendants to accelerate their

efforts to liquidate, dissipate and/or transfer assets, all of which would

frustrate the Plaintiff’s ability to secure recovery it is entitled to should it

prevail in this action. Pursuant to Ind. Code § 34-25-2-5 and T.R. 65(C),

Plaintiff is exempt from filing a bond in this matter.

4. Additionally, under Ind. Code § 34-26-1-6, when it appears either “(1) in the

complaint at the commencement of an action; or (2) during the pendency of

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 the action by affidavit; that a defendant threatens, or is about to remove or

dispose” of their property with intent to defraud potential creditors, “a

temporary injunction may be granted, to restrain the removal or disposition

of the defendant’s property.”

5. In the instant case, the evidence designated herein this Motion and

Affidavit in support thereof show that Jamey Noel is attempting to

dissipate significant assets, as referenced in paragraphs 11 through 16 of

the above TRO.

6. Plaintiff’s claims are for the recovery of money damages. See Complaint at

5-16.

7. Therefore, the Plaintiff respectfully requests the Court to issue an order

temporarily restraining Jamey Noel and his agents, representatives,

successors and assigns from dissipating, distributing, transferring,

encumbering, assigning, paying over, or otherwise disposing in any manner

or by any means the following property, pending a hearing on Plaintiff’s

Verified Motion for Preliminary Injunction:

a. Real property located at 709 Old Salem Road, Jeffersonville, IN

47130, assigned parcel number 10-41-01-274.000-037, and any non-

exempt personal property located therein;

b. Real property located at 3001 Old Tay Bridge, Jeffersonville, IN

47130, and any non-exempt personal property located therein;

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c. Real property located at 2408 Turnberry Drive Units A &B,

Jeffersonville, IN 47130, and any non-exempt personal property

located therein;

d. Real property located at 516 Eagle Creek Dr.; Naples, FL 34113,

and any non-exempt personal property located therein;

e. Any proceeds from the recent sale of 722 East Court Ave;

Jeffersonville, IN 47130;

f. Any and all non-exempt personal property moved from any of the

above locations to another location for storage

g. Any and all automobiles owned by Jamey, alone or with others;

h. Any and all firearms owned by Jamey, alone or with others;

i. Any and all stores of cash, stocks, or bonds owned by Jamey, alone

or with others;

j. Any and all aircraft or watercraft owned by Jamey, alone or with

others;

k. Any and all heavy equipment, machinery, or tools owned by Jamey,

alone or with others;

l. Any and all clothing items, including jewelry, owned by Jamey,

alone or with others;

m. Any works of art owned by Jamey, alone or with others;

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 n. Any and all other non-exempt real, personal, and intangible

property, including but not limited to any and all bank and

investment accounts held/owned by Jamey, alone or with others

WHEREFORE, Plaintiff, State of Indiana ex rel. Todd Rokita, Attorney

General of Indiana, respectfully requests the Court to: (1) issue an order temporarily

restraining Defendant Jamey Noel, and his agents, representatives, successors, and

assigns from dissipating, distributing, transferring, encumbering, assigning, paying

over, or otherwise disposing in any manner or by any means the property referenced

above, pending hearing on the Plaintiff’s Verified Motion for Preliminary Injunction,

(2) order a preliminary injunction hearing within ten (10) days, specifically on or

before May 20, 2024, and (3) grant Plaintiff all other just and proper relief.

REQUEST FOR PRELIMINARY INJUNCTION AS TO JAMEY NOEL

1. A preliminary injunction is necessary to preserve the status quo until the

issues raised by Plaintiff’s Complaint in this action can be resolved, as allowed

by Rule 65 of the Indiana Rules of Trial Procedure, Ind. Code § 34-25-2-

1Regarding the Preliminary Injunction, the Plaintiff requests that the Court

schedule a preliminary injunction hearing, stemming from this Motion, within

ten days, specifically on or before May 20, 2024. In determining whether to

grant or deny a preliminary injunction, a trial court is to determine the

following factors: “(1) whether the movant’s remedies at law are inadequate;

(2) whether the plaintiff can demonstrate a reasonable likelihood of success on

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 the merits; (3) whether the threatened injury of the plaintiff outweighs the

threatened harm the grant of relief would occasion upon the defendant; and

(iv) whether the public interest would be disserved by granting relief.” Ferrell

v. Dunescape Beach Club Condominiums Phase I, Inc., 751 N.E.2d 702, 712

(Ind. Ct. App. 2001) (citing L.E. Services, Inc. v. State Lottery Com’n of Indiana,

646 N.E.2d 334, 349 (Ind. Ct. App., 1995)).

2. To obtain an injunction against unlawful acts or acts against the public

interest, the Plaintiff need not make a showing of irreparable harm or a

balance of hardship in its favor. National Salvage & Service Corp. v. Comm.,

571 N.E.2d 548, 559-560 (Ind. Ct. App. 1991); Rees v. Panhandle Eastern Pipe

Line Co. 377 N.E.2d 640, 649 (Ind. Ct. App. 1978).

3. The malfeasance, misfeasance and/or nonfeasance of Jamey Noel as alleged in

Plaintiff’s Complaint and supported by the Audit Report are clearly unlawful

and against the public interest. Indiana Code 5-11-5-1(a).

4. The SBOA Audit Report shall be admitted as evidence pursuant to Indiana

Code § 5-11-6-1(h), which provides, “[a]ny report described in this section or a

copy duly certified by the state examiner shall be taken and received in any

and all court of this state as prima facie evidence of the facts stated ad

contained in the reports.” Thus, Audit Report 84477I and its findings and

charges are prima facie evidence for this Court’s consideration.

5. In this matter it is clear that the Plaintiff’s remedies at law are inadequate

here because Jamey Noel seeks to dispose of his property before Plaintiff can

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 prove its case and execute judgment on Jamey Noel’s non-exempt assets. This

is highlighted by the listing of properties for sale, the actual sale of a property,

coupled with requests to obtain duplicate titles for vehicles (the original titles

for which were seized by ISP).

1. It is clear that Plaintiff has a balance of hardship in its favor, and that the

“threatened injury to the plaintiff outweighs the threatened harm a grant of

relief would occasion upon the defendant.” Ferrell, 751 N.E.2d at 712. Should

the sale of these assets go through, Jamey Noel could effectively prevent

Plaintiff from recovering the funds that have been misappropriated, diverted

and/or misapplied.

2. The Plaintiff has shown, in its Complaint and its attached exhibits, a

reasonable likelihood of success. As discussed above, the Audit Report alone

represents prima facie evidence of its contents and is enough to weigh this

factor in favor of the Plaintiff.

3. As the preliminary injunction factors fall in its favor, Plaintiff requests that

Jamey Noel be enjoined from dissipating, distributing, transferring,

encumbering, assigning, paying over, or otherwise disposing in any manner of

the following property until Plaintiff’s claims have been adjudicated on the

merits:

a. Real property located at 709 Old Salem Road, Jeffersonville, IN 47130,

assigned parcel number 10-41-01-274.000-037, and any non-exempt

personal property located therein;

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b. Real property located at 3001 Old Tay Bridge, Jeffersonville, IN 47130,

and any non-exempt personal property located therein;

c. Real property located at 2408 Turnberry Drive Units A &B,

Jeffersonville, IN 47130, and any non-exempt personal property

located therein;

d. Real property located at 516 Eagle Creek Dr.; Naples, FL 34113;

e. Any proceeds from the recent sale of 722 East Court Ave;

Jeffersonville, IN 47130;

f. Any and all non-exempt personal property moved from any of the

above locations to another location for storage;

g. Any and all automobiles owned by Jamey, alone or with others;

h. Any and all firearms owned by Jamey, alone or with others;

i. Any and all stores of cash, stocks, or bonds owned by Jamey, alone or

with others;

j. Any and all aircraft or watercraft owned by Jamey, alone or with

others;

k. Any and all heavy equipment, machinery, or tools owned by Jamey,

alone or with others;

l. Any and all clothing items, including jewelry, owned by Jamey, alone

or with others;

m. Any and all works of art owned by Jamey, alone or with others;

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 n. Any and all other non-exempt real, personal, and intangible property,

including but not limited to any and all bank and investment accounts

held/owned by Jamey, alone or with others.

4. Because Plaintiff seeks to have public funds recovered that Jamey Noel

misappropriated through either malfeasance or misfeasance, the public

interest would not be disserved if the preliminary injunction was granted, but

rather better served if the preliminary injunction was granted.

WHEREFORE, Plaintiff, State of Indiana ex rel. Todd Rokita, Attorney

General of Indiana, respectfully requests the Court to: (1) issue a preliminary

injunction enjoining Defendant Jamey Noel and his agents, representatives,

successors, and assigns from dissipating, distributing, transferring, encumbering,

assigning, paying over, or otherwise disposing in any manner or by any means the

property as detailed in paragraph 8 above, pending disposition of Plaintiff’s

Complaint, and (2) grant Plaintiff all other just and proper relief.

(REMAINDER INTENTIONALLY LEFT BLANK)

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 I affirm under the penalties of perjury that the foregoing representations are

true and correct to the best of my knowledge.

Respectfully submitted,

THEODORE E. ROKITA
Indiana Attorney General
Atty. No. 18857-49

By: /s/ Marielle Riedle_______

Marielle Riedle
Attorney No. 27375-53
Deputy Attorney General

/s/ Dane Kurth__________

Dane Kurth
Attorney No. 27212-29
Deputy Attorney General

/s/ Lydia Golten__________

Lydia Golten
Attorney No. 36440-49
Deputy Attorney General

OFFICE OF ATTORNEY GENERAL TODD ROKITA

302 West Washington Street
Ind. Government Center South, 5th Floor
Indianapolis, IN 46204
Ph: (317) 234-6783
Fax: (317) 232-7979

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